Assembly/AU/11 (XIII)
Annex II
Page 19
serious crimes of international concern.154 Since these cases do not implicate
universal jurisdiction, they fall outside the scope of the present report.
III.
III.1
JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT
Introduction
28.
Universal criminal jurisdiction relates to the competence of a state under
international law to assert the jurisdiction of its courts over given conduct. In the
past, the assertion of universal jurisdiction was the only way by which suspected
perpetrators of serious crimes of international concern could be brought to justice
in situations where the state where the alleged crimes occurred and, where these
differed from the foregoing, the state of nationality of the offender or victims was
manifestly unwilling or unable to prosecute.155 Today, the establishment of
international criminal courts and tribunals provides an additional mechanism for
the prosecution of such crimes in these circumstances. At the same time,
temporal, geographical, personal and subject-matter limitations on the jurisdiction
of international criminal courts and tribunals mean that universal jurisdiction
remains a vital element in the fight against impunity. For example, the jurisdiction
of the International Criminal Tribunal for the former Yugoslavia (ICTY) extends
only to the period beginning on 1 January 1991 and only to the territory of the
former Socialist Federal Republic of Yugoslavia.156 The jurisdiction of the
International Criminal Tribunal for Rwanda (ICTR) is restricted to the period
beginning 1 January 1994 and ending 31 December 1994 and to the territory of
Rwanda, as well as to that of neighbouring states in respect of crimes committed
by Rwandan citizens.157 The Special Court for Sierra Leone (SCSL) enjoys
jurisdiction solely over ‘persons who bear the greatest responsibility for serious
violations of international humanitarian law and Sierra Leonean law committed in
the territory of Sierra Leone since 30 November 1996’.158 And the jurisdiction of
the Special Tribunal for Lebanon is limited to the prosecution of ‘persons
responsible for the attack of 14 February 2005 resulting in the death of former
Lebanese Prime Minister Rafiq Hariri and in the death or injury of other
persons’.159
29.
As a technical and conceptual matter, universal jurisdiction is to be distinguished
at all times from the jurisdiction of international criminal courts and tribunals.
Universal jurisdiction relates to the competence of a state to prosecute persons
154
Cases are currently pending in France against certain serving African heads of state in relation to allegations stemming from
property dealings.
155
Recall, however, both the International Military Tribunal established at Nuremberg and the International Military Tribunal
established at Tokyo at the conclusion of the Second World War by the victorious Allied Powers.
156
Statute of the International Criminal Tribunal for the former Yugoslavia, UN Doc. S/RES/827 (1993), Annex (as amended),
article 8.
157
Statute of the International Criminal Tribunal for Rwanda, UN Doc. S/RES/955 (1994), Annex (as amended), article 7.
Statute of the Special Court for Sierra Leone, UN Doc. S/2002/246, Appendix II, annex, article 1(1).
159
Statute of the Special Tribunal for Lebanon, UN Doc. S/RES/1757 (2007), 30 May 2007, Annex, article 1.
158
Version 31 March 09(FINAL)